Policy Corner: November 13, 2020

Senate Appropriations Releases Recommendations for FY2021 Spending Bills
The Senate Appropriations Committee released all 12 of its fiscal year (FY) 2021 spending bills to fund federal programs, which will need to be agreed to by the House of Representatives before the current continuing resolution expires Dec. 11, 2020. The full House passed 10 of 12 FY2021 spending bills in July, including funding for U.S. Department of Health and Human Services (HHS) programs. The Senate recommended level funding for the Traumatic Brain Injury (TBI) Act programs, as did the House. The House recommended $1 million for the Centers for Disease Control and Prevention’s (CDC) Injury Center to implement the National Concussion Surveillance System, which was authorized in the TBI Program Reauthorization Act of 2018. The Senate did not recommend funding, but included budget language directing CDC to include the results of the pilot survey of more than 10,000 households in its fiscal year 2022 requests.

The Senate recommended $500 million for the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative, which is intended to revolutionize the understanding of the human brain, helping researchers understand more about brain disorders to develop innovative technologies to treat, cure, and prevent brain disorders. The Committee expressed concern about opioid overdose and the number of drug overdose deaths and provided $3,866,000,000 in funding to fight prescription opioid abuse and heroin and stimulant use, an increase of $88,400,000 over fiscal year 2020 and an increase of $3,595,019,000 over the past six years. The recommendations included $500,000,000 for research related to opioid addiction, development of opioid alternatives, pain management, and addiction treatment at the NINDS and the National Institute on Drug Abuse.

Senate Leader Addresses a Coronavirus Stimulus Package
Senate Majority Leader Mitch McConnell (R-Ky.) told reporters Wednesday that he wants another coronavirus relief bill by the end of the year. He is aiming for a much smaller bill than the House previously has passed. House Republicans introduced H.R. 14, which includes $31 billion for vaccines, therapeutics, diagnostics, surge capacity, and telehealth and $16 billion for additional testing and tracing. The legislation includes provisions to ensure Americans, especially seniors, can access the care they need – whether it be mental health or telehealth services. Democratic leaders House Speaker Nancy Pelosi (D-Calif.) and Senate Minority Chuck Schumer (D-N.Y.) said they have no plans to budge from their position of a $2 trillion coronavirus relief measure.

Meanwhile, Senators Elizabeth Warren (D-Mass.), Tammy Baldwin (D-Wis.), and Tina Smith (D-Minn.) sent a letter Oct. 21 to the Department of Health and Human Services (HHS) Secretary and the Centers for Disease Control and Prevention (CDC) Director requesting information on what the agencies are doing to understand and respond to the alarming increase in mortality rates associated with the COVID-19 pandemic.

SCOTUS Hears Efforts to Repeal the ACA
The U.S. Supreme Court began hearing opponents challenging the Affordable Care Act. The case, California v. Texas, was brought by 18 Republican states and the Trump administration. If successful, millions of Americans would lose health care coverage, including people approaching Medicare eligibility due to age or disability; reopen the Medicare Part D donut hole; end Medicaid expansion; and allow insurers to deny coverage based on preexisting conditions.

In 2012, SCOTUS ruled that the individual mandate requiring individuals to have insurance or pay a penalty exceeded Congress’ power to regulate interstate commerce, however the mandate survived. Congress then repealed the mandate effective 2019, but other parts of the Affordable Care Act survived. Now, opponents believe since the taxing provision and mandate have been eliminated that all provisions of the health care bill should be repealed.

Americans Await Election Results
The country held elections for national and state officeholders Nov. 3. Former Vice President Joe Biden will be the next President of the United States on Jan. 21, although President Trump and other Republicans are challenging the votes. Sen. Kamala Harris will become the vice president, which will also vacate a California Senate seat. Meanwhile, President-elect Biden has named transition teams to review current projects and ongoing initiatives and prepare the incoming cabinet for their new roles and priorities.

While there are some elections still being determined, the Democrats will retain the control of the House of Representatives. The Senate will likely be controlled by the Republicans, although there are two Senate seats in Georgia that will have run-off elections in January. The balance of power in the Senate is subject to the outcome of those elections.

BIAA gratefully acknowledges the Centre for Neuro Skills and Avanir Pharmaceuticals for their support for legislative action. Click here to read past issues of Policy Corner.